HomeMy WebLinkAbout959423ACCESS AND WELL SHARING AGREEMENT
This Agreement is made and entered into this ,.1 day of May, 2011 by and
between Kevin Croft and Roylence Croft, husband and wife (Croft), and Jonathan
Bextel and Rebecca Bextel, husband and wife (Bextel),.
WHEREAS the parties own property bordering one another in Lincoln County,
Wyoming with Croft owning Lot 47 of Blue Lakes Estates Subdivision, Lincoln County,
Wyoming according to that plat recorded November 13, 1991 as Instrument No 740865,
and Bextel owning Lot 46 of Blue Lakes Estates Subdivision located on the east side of
Lot 47; and
WHEREAS the parties intend to locate a water well on Lot 47 which will be
shared by Lot 47 and Lot 46, and the owners of Lot 46 desire legal access for themselves
and all subsequent owners of Lot 46 to service the water well, and the parties wish to
memorialize their agreement to share the costs of the water well;
NOW THEREFORE the parties hereby declare that the subject properties shall be
held, used, conveyed, and encumbered subject to the following covenants, conditions,
restriction, rights and obligations, all of which are for the purpose of enhancing and
protecting the value and usefulness of the subject properties, which constitute equitable
servitudes affecting and running with the subject properties, and shall be binding upon
the parties and their respective heirs, successors, and assigns, and all parties having or
acquiring any right, title or interest in or to any part of the subject properties. Without
limiting the foregoing, the parties hereto agree as follows:
RECEIVED 5/25/2011 at 3:28 PM
RECEIVING 959423
BOOK: 767 PAGE: 146
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
WYOMING TITLE 8c ESCROW
RECORDED FOR
ACCOMMODATION ONLY
2
2
1. Water Rights. The parties have applied for ground water rights with
the State Engineer's Office for the location and use of a water well on Lot 47.
2. Water Well And Pipeline Easement. Croft hereby grants to Bextel an
easement for all existing well and pipelines and any wells and pipelines to hereinafter
be located on Lot 47. The purpose of the easement shall include the right to construct,
reconstruct, replace, inspect, maintain, operate, and improve the water well together
with necessary pipeline with incidental appurtenances, connections, and structures in,
on and under the easement area.
3. Water Well And Pipeline Easement Area. Croft will keep Bextel's
pipeline area clear of trees and structures that could interfere with the intended use of
the easement by Bextel. Bextel will use reasonable care to restore the easement area to
the approximate condition and elevation that existed prior to the original installation of
the pipeline. The water well easement shall be appurtenant to Lot 46 for the benefit of
the owner of Lot 46 and shall be binding upon and shall inure to the benefit of the
parties hereto and their respective heirs, successors, and assigns.
5. Water Well Use.
00014"
The parties may only use the well for domestic
and household purposes including the watering of grass, landscaping, and trees on Lots
46 and 47.
6. Construction, Maintenance, And Costs Of The Well. The parties
shall equally split (one -half each) all costs in the construction and operation of the well
including but not limited to construction costs, casing, pumps, transmission lines,
electricity, and all other costs customarily associated with a water well. Future owners
shall each be responsible for the costs of their respective transmission line to the well to
together with their respective location and construction of such transmission line. All
work and activities contemplated in this Agreement shall be undertaken in a good and
workmanlike manner utilizing equipment and materials of good quality and condition
and in a manner that is in compliance with all laws, ordinances, codes and regulations
WITNESS our hands this of 'day of ay, 2011.
STATE OF 2/4
COUNTY OF /4/4
The foregoing instrument was acknowledged before me this 7 day of May,
2011 by Kevin Croft and Roylence Croft.
WITNESS my hand and official seal.
NOTARY PUBLIC
Acel Rock coulter
582337
My Commission Expires
April 19, 2014
STATE OF UTAH
WITNESS our hands this 2 day of May, 2011.
STATE OF 1.1/()( I V1j
COUNTY OF fclz/in
The foregoing instrument was acknowledged before me this
2011 by Jonathan Bextel and Rebecca Bextel.
WITNESS my hand and official seal.
y HALLIE LANE NOTARY PUBLIC
COUNTY OF At /1 STATE OF
TETON WYOMING
MY COMMISSION EXPIRES 05 -24 -2012
Roy ence oft
Notary Public
My Commission Expires:
jona Bextel
Rebecca Bextel
Notary Public
My Commission Expires:
4
day of May,